By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
Author: thearbitrationbrief
Contracting a Womb: The Necessity of an Arbitration Clause
By Brenna Callahan In 2025, it is difficult to imagine a world without surrogacy. Celebrities like Kim Kardashian and Andy Cohen have ushered society into a new era of contracting a womb. The practice benefits same-sex couples and women with prohibitive health conditions. However, its popularity has only recently reached the masses. In the early…
The Role of Arbitration in Maritime Security Contracts: Risk Allocation and Enforcement Challenges in High-Risk Zones
By Ayoola Babatunde Fadola Introduction Given the complexities of global shipping, maritime security contracts help protect ships, cargo, and human life in hostile seas. These standardized contracts, which cover risks such as piracy, armed robbery, and terrorism, often pose significant challenges for risk sharing and dispute resolution. This essay considers the roles of arbitration in…
The Evolving Landscape of Consumer Arbitration: Lessons from Coinbase, Ticketmaster, and Disney
By Jack Moore Last year was a busy one for arbitration in the United States. The Supreme Court decided three cases in 2024 pertaining to arbitration, the Ninth Circuit decided another, and in August, a high-profile dispute involving the Walt Disney Company brought the word “arbitration clause” into the popular conversation. The landscape of consumer…
How the UAW Used Arbitration to Protect Their Members
By Kevin Lauro Workers make the world go round. They build bridges, fix broken bones, and dispose of trash. Traditionally, we think of the relationship between a worker and their employer as one in which the employer gives the worker a job. However, the employer can also take that job away, but what if the…
